Terms of Service
In this document, terms that commence with a capital letter are defined in this Section.
"Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features and other materials that are available on the Site. "Content" also includes Marks and Products and Services.
"Mark" means trademark, trade name, service mark, trade dress, logo, custom graphics or icon.
"BrandCulture Company" or "we" or “our” means Brand Culture Company L.L.C. and our affiliates.
"Products and Services" means the information, locations, data, reference materials, reviews and other items available through the Site.
"Provider" means our licensors, suppliers, information and advertising providers.
The terms "Site", "Marks", "Content" and "Products and Services" do not include the sites, marks, content, products or services that are provided by third parties, and that are available through a link from the Site. Their use is subject to the terms set forth by their respective owners or operations, on the third party's website.
“Registered User” means a visitor to our Website(s) who has voluntarily provided us with additional personal information and established a User ID and password.
"Registered User ID" means the e-mail address you use (with your password) and any alias or online handle you link to your e-mail address to login to our Site.
"Site" means www.brandculture.com together with the respective Content, Marks, Products and Services available from this site and subsites.
2. Scope and Terms
These Terms govern your use of all Content available through the Site. You agree to be bound by these Terms, and to use the Site in strict compliance with all applicable laws, rulings and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of BrandCulture Company and its Providers.
You agree to abide by the terms and conditions of imposed by any Provider, including payment of all amounts when due, and compliance with all rules and restrictions regarding the availability of products or services.
Eligibility / Age restriction
Use of the Content, Products or Services available through the site is void where prohibited. By using the Services, Products or Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your status as a Registered User may be terminated and the additional information you have provided us may be deleted without warning, if we believe that you are under 14 years of age. In accordance with the Children’s Online Privacy Protection Act of 1998 (COPPA), You must be at least 14 years of age to register for or use the Content, Products or Services available on the Site.
Registered Users must provide a valid email address, their legal name and any other required information to complete the registration process. Registered Users are responsible for maintaining the privacy and security of their Registered User ID. BrandCulture Company will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password. In addition, you will be financially accountable for all use of our Site by you and anyone using your password and login information.
No individual may maintain more than one Registered User ID with us. We reserve the right to revoke access to Content, Products or Services for any Registered User found to be maintaining more than one Registered User ID.
3. Use of the Site
BrandCulture Company grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Site only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. Unless we have granted you permission in advance and in writing, you may use the Site only for your personal, non-commercial use, and not to provide services to a third party.
No Copy, Distribution or Sale
You may download, display or print one (1) copy of any portion of the Content exclusively for your own personal, non-commercial use.
If you do so, you may not modify the Content in any way, and you must reproduce the BrandCulture Company copyright notice (or the Provider's notice as applicable) in the form:
© 2010 Brand Culture Company, LLC - All rights reserved. As displayed on the relevant page(s) that you might copy.
Except as provided above, you may not
o Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever;
o Use a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
o Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Site;
o Reverse engineer any part of this Site; or
o Sell, offer for sale, transfer or license any portion of the Site in any form to any third parties.
Unless otherwise provided within these Terms, or unless specific applicable law requires BrandCulture Company to allow you to do so, you may not do any of the following without the prior written consent of BrandCulture Company:
o Use the Site other than to for legitimate purposes;
o Imply in any fashion that BrandCulture Company is endorsing your products or services;
o Place false or misleading information on the Site,
o Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms.
o Use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by BrandCulture Company other Site users or Registered Users;
o Use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or permanently store the content contained thereon or for any other unauthorized purpose, including without limitation using or attempting the use of any device, software, or routine to interfere or attempt to interfere with the proper working of the Site
o Copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except exclusively for your own personal, non-commercial use) from any Site.
o Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that impose an unreasonable load on our equipment; or
o Disguise the origin of the information transmitted through the Site.
Registered User ID and Password
If you register for a BrandCulture Company account, you will be allowed to save and personalize our, receive and view content stored on our systems. By having a BrandCulture Company account, you agree to take full responsibility for maintaining the confidentiality of your account user name, password and all related activity that occurs under your account user name.
Posting Content on Our Website(s)
We reserve the right, but do not undertake the obligation to spell check and edit Content you provide for length, coherence, grammar and accuracy. We moreover reserve the right, but do not undertake the obligation to refuse to post or to remove any Content if it contains or features any of the following:
We reserve the right, but not the obligation, to refuse to post or to remove any Content in our sole and absolute discretion. A partial list of unacceptable content includes:
o Offensive language, including harmful or abusive language, expletives or profanities, obscenities, or hate speech, or harassing, vulgar or sexually explicit language;
o References to illegal activity;
o Content that contains personal attacks or threats;
o Personal information, such as phone numbers, mailing addresses, e-mail addresses, personal Web sites, etc.;
o Messages that are clearly advertising or commercial in nature and do not specifically relate to the subject at hand;
o Content other than text, such as photos, sound, or other images;
o Content generated by automated scripts and processes, including “bots”
o Content we determine to be illegal or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
o Content that is not in English; that is encrypted; or that contains any computer programming routines that are intended to damage, interfere with, intercept, or appropriate any system, data, or personal information; or
User Content not approved or endorsed by BrandCulture Company
Content provided by Users do not reflect the views of BrandCulture Company any affiliated entities; or its employees, officers, directors, or members. We do not assume responsibility or liability for any User Content or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
Your Comments, Submissions and Reviews are Owned by BrandCulture Company
Any communications, reviews or materials you transmit to us or any of our affiliates through the Site, by electronic mail or otherwise, including any data, question, comments, commentary, suggestion, idea, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the Site any Communications or Materials, you grant us and our affiliates and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials. We want your Content, feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually.
BrandCulture Company in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension or discontinuation shall constitute an act of trespass. BrandCulture Company shall not be responsible to you to such suspension or termination.
Any aspect of any Site may be changed, supplemented, deleted, updated, discontinued, suspended or modified at any time at our discretion and without prior notice to you. However, we make no commitment to update the information contained on this Site. You agree that BrandCulture Company shall not be liable to you for any delay or other damages that might result from such modification, suspension or discontinuance.
We may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services.
We may also modify these Terms at any time.
4. Privacy and Security
5. Services and Content Disclaimer
We will use our reasonable commercial efforts to keep our Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption or downtime.
The Content is intended for information purposes only. Although we exercise reasonable efforts to ensure their quality and accuracy, there might be errors, or the information provided may not be complete, current or applicable to your particular situation. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness and usefulness of any opinion, advice, or other Content available through the Site or obtained from a linked site.
We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
6. Links to Third Party Sites
For your convenience, our Site provides links to other sites. When you click on one of these links, you are leaving our site and entering another site. We are not responsible for such third party websites. You should carefully review the terms and conditions of use of these sites, because these terms will apply to your visit to these other sites.
We welcome links from a third party site to the home page of our Site, through a plain text link, provided (a) you discontinue providing a link to our Site if upon our request; (b) you do not imply in any fashion that BrandCulture Company is endorsing any of your products or service or is affiliated with you, (c) you do not present BrandCulture Company in a false light, or provide misleading or false information about us, or our Site or Services, (d) you do not remove or obscure the copyright notices, or other notices on this Site; (e) you do not use any Mark of BrandCulture Company or our Providers; and (f) you do not replicate, frame or mirror the content of the Site. We reserve the right to require you to remove links to the Site, in our sole and absolute discretion.
7. Intellectual Property
Our Website(s) are the sole and exclusive property of BrandCulture Company or its licensors. BrandCulture Company and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets and all other intellectual property rights) in the Site. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.
BrancCultureCompany, the “BCC” logo com and all other Marks that appear, are displayed or used on the Site are registered or common law trademarks or service marks of BrandCulture Company and its Providers. These Marks may not be copied, downloaded, reproduced, used, modified or distributed in any way without prior written permission from us or the relevant Provider, except as an integral party of any authorized copy of the Content.
Additional Copyright Notices
Some of the Content available on our Site is owned by third parties. These materials are subject to the additional terms, which are incorporated into, and made a part of the Terms. If there is a conflict between the Additional Copyright Notices and the remainder of these Terms, the Additional Copyright Notice supersede any provision of these Terms with respect to the Content to which it pertains.
8. Disclaimer of Warranty
BrandCulture Company and its Providers make no warranty of any kind regarding the Site, Content, Products or Services, all of which are provided on an "as is" basis. BrandCulture Company and its Providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its Content will be accurate, complete or timely. The fact that BrandCulture Company is including any Content or offering any Content, Product or Service on the Site is not an endorsement or a recommendation of the Content, Product or Service.
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, BrandCulture Company AND OUR PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
9. Limitation of Liability
Subject to applicable law, use of this Site and its Content is at your sole risk. Content, Services and Products made available on this Site are subject to conditions imposed by the Providers. Providers who furnish products or services through this Site are independent contractors, and not our agents or employees. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRTICTED, IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, ANY HYPER LINKED WEB SITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THIS SITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (2) ANY FAILURE OR DELAY OR (3) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, OR (4) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN WE AND THE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
You agree to defend and indemnify BrandCulture Company and any Provider, and each of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against BrandCulture Company as a result of (1) your breach of these Terms or the documents made part of these Terms by reference, (2) your violation of any law or the rights of a third party or (3) your use of our Site.
The laws of the State of California (USA), without regard to its conflict of law rules, will govern these Terms. If you take any legal action relating to your use of our site or these Terms, you agree to file such action only in the state and federal courts located in county and city of Los Angeles, California (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys' fees.
12. General and Severability
Your acceptance of these Terms and your use of the Site do not create a joint venture, partnership, employment or agency relationship with us. You may not assign, delegate, or transfer your rights or obligations under these Terms. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site.
13. Provisions of these Terms and Conditions
You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.
To the extent that we may need to contact you, you agree that we may do so via any electronic means, included but not limited to communication posted on the Site, electronic mail or instant messaging.
14. Contact Information
If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by BrandCulture Company you may contact us as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.
Mailing address: Brand Culture Company L.L.C.
Attn: Legal Department
11150 Santa Monica Blvd
Los Angeles, California 90025
Telephone: (310) 824-7000